[Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)]
[Proposed Rules]
[Pages 78292-78294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30853]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-1032; Directorate Identifier 2012-NM-121-AD]
RIN 2120-AA64
Airworthiness Directives; Dassault Aviation Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to supersede airworthiness directive (AD) 2011-13-
07 that applies to all Dassault Aviation Model FALCON 7X airplanes. AD
2011-13-07 requires revising the airplane flight manual (AFM) to
include a procedure to power off a radio-altimeter or revert to the
correct radio-altimeter output. Since we issued AD 2011-13-07, an
analysis showed that AFM procedures could be simplified. This proposed
AD would require revising the AFM to include a simpler procedure to
revert to the correct radio-altimeter output. We are proposing this AD
to ensure that the flightcrew has procedures in the event of a radio-
altimeter lock-up, which inhibits the display of warnings along with
certain abnormal conditions, during the switch into landing mode during
altitude cruise. If not corrected, this could result in the flightcrew
being unaware of possible system failures that require immediate action
by the flightcrew, leading to possible loss of control of the airplane.
DATES: We must receive comments on this proposed AD by February 10,
2014.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606;
telephone 201-440-6700; Internet http://www.dassaultfalcon.com. You may
view this service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the MCAI, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone (800)
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-1137;
fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-1032;
Directorate Identifier 2012-NM-121-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On June 14, 2011, we issued AD 2011-13-07, Amendment 39-16730 (76
FR 36283, June 22, 2011). AD 2011-13-07 requires actions intended to
address an unsafe condition on the products listed above.
Since we issued AD 2011-13-07, Amendment 39-16730 (76 FR 36283,
June 22, 2011), the European Aviation Safety Agency (EASA), which is
the Technical Agent for the Member States of the European Community,
has issued EASA Airworthiness Directive 2009-0208R2, dated May 22, 2012
(referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
Several occurrences of untimely radio-altimeter lock-up have
been reported, where the failed radio-altimeter (RA) indicated a
negative distance to the ground despite the aircraft was flying at
medium or high altitude.
A locked RA 1 leads to untimely inhibition of warnings
that could be displayed along with certain abnormal conditions while
the avionic system switches into landing mode during altitude
cruise.
This condition, if not corrected, may cause the flight crew to
be unaware of possible system failures that could require immediate
actions, which could ultimately lead to loss of control of the
aeroplane.
To address this unsafe condition, Dassault Aviation developed an
Airplane Flight Manual (AFM) operational procedure that, in case of
RA 1 lock-up, allows the crew to restore the system warning
performance by depowering the RA 1. EASA issued AD 2009-
0208 [http://ad.easa.europa.eu/ad/2009-0208R3] to require
application of that new abnormal procedure when RA 1 lock-
up occurs. That EASA AD also prohibited dispatch of the aeroplane
with any radio-altimeter inoperative.
Since issuance of EASA AD 2009-0208, Dassault Aviation developed
Easy avionics load 10 which is embodied through Dassault Aviation
production modification M0566 or in-service through Service Bulletin
(SB) Falcon 7X n[deg]100. This modification provides new features to
display a ``RA miscompare'' flag on both Primary Display Units (PDU)
and allows a commanded system reversion to the correct RA output.
Prompted by this modification, EASA issued AD 2009-0208R1 [
http://ad.easa.europa.eu/ad/2009-0208R3], to allow not deactivating
RA 1 in case lock-up conditions occurred in flight, for
aeroplanes on which M0566 or SB Falcon 7X n[deg]100 was embodied.
[[Page 78293]]
Since issuance of EASA AD 2009-0208R1, further analysis shows
that, for aeroplanes with M0566 applied in production, or SB Falcon
7X N[deg]100 applied in service, the RA2 lock-up occurrence
should be addressed through a commanded system reversion, now only
contained in a simplified Falcon 7X AFM procedure 3-140-70A.
For the reasons described above, this [EASA] AD revises EASA AD
2009-0208R1 to reduce the requirement to amend the AFM by deleting
the reference to procedure 3-140-65B. In addition, Dassault Aviation
have confirmed that all Falcon 7X have been or are being modified
with Mod M0566 applied in production, or SB Falcon 7X n[deg]100
applied in service. For this reason, paragraph (1) of this [EASA] AD
has been deleted. Finally, many editorial changes have been made to
align the writing of the AD with the current writing standards.
You may obtain further information by examining the MCAI in the AD
docket.
Relevant Service Information
Dassault has issued Falcon 7X Airplane Flight Manual, DGT 105608,
Revision 15, dated January 30, 2012. The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Costs of Compliance
We estimate that this proposed AD affects 35 products of U.S.
registry.
We estimate the following costs to comply with this proposed AD:
Estimated Costs
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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AFM revision [retained actions 1 work-hour x $85 per None................. $85 $2,975
from AD 2011-13-07, Amendment 39- hour = $85.
16730 (76 FR 36283, June 22,
2011)].
New AFM revision [new proposed 1 work-hour x $85 per None................. 85 2,975
action]. hour = $85.
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This proposed regulation is
within the scope of that authority because it addresses an unsafe
condition that is likely to exist or develop on products identified in
this rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by removing airworthiness directive (AD)
2011-13-07, Amendment 39-16730 (76 FR 36283, June 22, 2011), and adding
the following new AD:
Dassault Aviation: Docket No. FAA-2013-1032; Directorate Identifier
2012-NM-121-AD.
(a) Comments Due Date
We must receive comments by February 10, 2014.
(b) Affected ADs
This AD supersedes AD 2011-13-07, Amendment 39-16730 (76 FR
36283, June 22, 2011).
(c) Applicability
This AD applies to Dassault Aviation Model FALCON 7X airplanes,
certificated in any category, all serial numbers.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Reason
This AD was prompted by reports of untimely radio-altimeter
lock-ups, where the failed radio-altimeter indicated a negative
distance to the ground when the airplane was flying at medium or
high altitude. We are issuing this AD to ensure that the flightcrew
has procedures in the event of a radio-altimeter lock-up, which
inhibits the display of warnings along with certain abnormal
conditions, during the switch into landing mode during altitude
cruise. If not corrected, this could result in the flightcrew being
unaware of possible system failures that require immediate action by
the flightcrew, leading to possible loss of control of the airplane.
[[Page 78294]]
(f) Compliance
You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.
(g) Retained Airplane Flight Manual (AFM) Revision
This paragraph restates the requirements of paragraph (h) of AD
2011-13-07, Amendment 39-16730 (76 FR 36283, June 22, 2011), with
editorial changes. For airplanes on which M0566 or Dassault Service
Bulletin Falcon 7X-100 has been accomplished: Within 14 days after
July 27, 2011 (the effective date of AD 2011-13-07), revise the
Limitations Section of the Dassault Falcon 7X AFM to include the
statement in figure 1 to paragraph (g) of this AD. This may be done
by inserting a copy of this AD in the AFM. When a statement
identical to that in figure 1 to paragraph (g) of this AD has been
included in the general revisions of the AFM, the general revisions
may be inserted into the AFM, and the copy of this AD may be removed
from the AFM. Accomplishing the revision required by paragraph (h)
of this AD terminates the requirements of this paragraph, and after
the revision required by paragraph (h) of this AD has been done,
before further flight, remove the revision required by this
paragraph.
Figure 1 to Paragraph (g) of This AD
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If radio-altimeter 1 lock-up conditions occur in flight, revert
to the correct radio-altimeter output, in accordance with the
instructions of Falcon 7X AFM procedure 3-140-65B and 3-140-70A.
Dispatch of the airplane with any radio-altimeter inoperative is
prohibited.
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(h) New Requirement of This AD: Revision of Airplane Flight Manual
For airplanes on which M0566 or Dassault Service Bulletin Falcon
7X-100 has been accomplished: Within 30 days after the effective
date of this AD, do the action specified in paragraphs (h)(1) and
(h)(2) of this AD.
(1) Revise the Limitations Section of the Dassault Falcon 7X AFM
to include the statement in figure 2 to paragraph (h) of this AD.
This may be done by inserting a copy of this AD in the AFM. Doing
this revision terminates the requirements of paragraph (g) of this
AD and the revision required by paragraph (g) of this AD must be
removed. When a statement identical to that in figure 2 to paragraph
(h) of this AD has been included in the general revisions of the
AFM, the general revisions may be inserted into the AFM, and the
copy of this AD may be removed from the AFM.
Figure 2 to Paragraph (h) of This AD
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If radio-altimeter miscompare indication occurs in flight, revert to the
correct radio-altimeter output, in accordance with the instructions of
Falcon 7X AFM procedure 3-140-70A.
Dispatch of the airplane with any radio-altimeter inoperative is
prohibited.
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(2) Revise the Abnormal Procedures section to include procedure
3-140-70A of the Dassault Falcon 7X Airplane Flight Manual,
DGT105608, Revision 15, dated January 30, 2012, into the AFM.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone (425) 227-1137; fax (425) 227-1149.
Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD. AMOCs approved previously in accordance with AD 2011-13-07,
Amendment 39-16730 (76 FR 36283, June 22, 2011), are approved as
alternative methods of compliance with this AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer, use these actions if they
are FAA-approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or by the DAH with a State of Design Authority's
design organization approval). For a repair method to be approved,
the repair approval must specifically refer to this AD. You are
required to ensure the product is airworthy before it is returned to
service.
(j) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency Airworthiness Directive 2009-
0208R2, dated May 22, 2012, for related information. This MCAI may
be found in the AD docket on the Internet at http://www.regulations.gov.
(2) For service information identified in this AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey
07606; telephone 201-440-6700; Internet http://www.dassaultfalcon.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
Issued in Renton, Washington, on December 12, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-30853 Filed 12-24-13; 8:45 am]
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